P.S. Mishra. J.

This appeal by the defendants in a suit for partition was filed in this Court on 26-2-1975.

Its records suffered under the floods of August, 1975 and after re-constructing the records, it could be heard under Order 41 Rule 11 of the Code of Civil Procedure only on 10-11-1980. L.M. Sharma, J while admitting the appeal noticed as many as four questions of law, but all relating to the merit of the case. The appellants had, however, filed an application under section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act, No. XXII of 1956) (hereinafter to be referred to as the Act). A question of law directly arising in the, appeal on the basis of the said petition, however, was not formulated at the time of admission of the appeal. Later, however, when this application was placed for orders before L.M. Sharma, J, in view of the fact that there has been a counter affidavit filed by the plaintiffs-respondents, it was ordered to be taken up at the time of final hearing of the appeal.

2. Learned counsel for the appellants has pressed his application under section 4(c) of the Act, at the first instance as in the event of his su